The Economist publishes its widely anticipated article on Bangladesh’s International Crimes Tribunal.

6/12/12

ICT chairman issues order accusing The Economist of hacking his private phone and skype conversations. See here for further details.

26/11/12

Ghulam Azam taken ill and denied medical attention by authorities. See here for further information

19/10/12

Defence witnesses limited to 12 by ICT tribunal. The defence counsel have been refused two foreign expert witnesses willing to testify for Professor Ghulam Azam.

14/5/12

Ghulam Azam indicted for war crimes by the International Crimes Tribunal. See here for further details.

9/3/12

A bizarre day at the ICT on Thursday to say the least! It seems that in presenting formal charges Jamaat-e-Islami leader Abdul Quader Molla, the hapless prosecution counsel, Mr Sultan Mahmud, earned the dissatisfaction of the judges when he consistently made errors of historical fact, wrongly named officers of the Pakistani Army and even the names and titles of the tribunal judges!

29/2/12

The prosecution produced a video as part of their evidence. The 55 minute documentary did not have any footage of Ghulam Azam at all. See here for more information.

15/2/12

The hearing on the formal charges against Professor Ghulam Azam’s charges at the International Crimes Tribunal began this afternoon. The verdict on Azam’s bail petition has been delayed until 23 February.

Ghulam Azam’s bail petition is to be filed on Monday, with the hearing for it expected on Tuesday

3/2/12

Ghulam Azam’s youngest son publishes article in Naya Diganta on his father’s arrest. The article (in Bangla) can be found here. A translation will follow shortly.

30/01/12

The family continues to have concerns regarding Ghulam Azam’s health and treatment in custody. He has not yet been charged, let alone convicted of any crimes yet is being treated very poorly. He has only recently been given access to his lawyers and is still being denied reading material and regular contact from the family.

Ghulam Azam’s son, Amaan Azmi responded to allegations that he was involved in the recent “foiled coup” by Army officers. He strongly denied the accusations, saying that he had served the army for 30 years with honour and would support punishment of anyone involved in such a plot. Further information here.

18/01/12

Professor Ghulam Azam was taken to Dhaka Medical College Hospital for an MRI scan today. He was then transferred back to BSMMU hospital until further notice. No date has yet been given for his transfer to prison, however his family are continuing to lobby for bail or as a minimum, division when in prison. He continues to suffer from a number of medical problems, including back pain and gallbladder problems.

Ghulam Azam remains in hospital. The previous low quality of food has improved since his family made complaints about this, although it is still inadequate. Despite media reports announcing him to be fit and well, he suffers from a number of age-related complaints including back pain, requiring regular physiotherapy. He has also been denied access to a Quran, which violates universal human rights standards. An application for division [a higher standard of prison accommodation] has been made.

An article was published in Amader Shomoy today which states that the UN Human Rights Commission has demanded that the Bangladeshi Government explain the arrest of political leaders including Matiur Rahman Nizami. This letter, sent by the Working Group on Arbitrary Detention was written to the government on September 12th requesting a response within 60 days, however this deadline has since been extended. This demonstrates the level of international concern about the so-called International Crimes Tribunal, and we await further comment from the UN with interest.

Please speak out about this inhumane treatment of a wrongfully accused victim of the Awami League government. See How You Can Help for more information.

Professor Ghulam Azam’s wife Mrs Syeda Afifa Azam expressed concern about the life of her husband in a statement. She went to see Prof Azam in the BSMMU hospital prison on Friday along with her son and a granddaughter where she found her husband in a very frail condition. The statement is given below:

“We are shocked at the behaviour of the hospital and prison authorities in spite of advice from the specialists. He is becoming thinner and increasingly weaker day by day because of the lack of nutritious food, and if this continues, anything may happen to him. I call upon the hospital and prison authorities to ensure he receives nutritious food.”

“After seeing him today, I am worried about my husband’s life. At 10.30 am on Friday, the prison authorities agreed 3.30 pm for me to meet my husband at the prison cell. When I arrived there on time, the authorities of the prison cell made me, an 80 year old woman, wait for an hour without even having the courtesy to give reasons. The man (my husband) who left the house for court 16 days ago on 11 January 2012 walking was almost unrecognizable today. He was so weak that he could merely sit on his bed with the help of two people. He is not able to have a single meal in peace. “

“An 89-year-old man needs constant care and support,, whereas he even has to [perform menial tasks such as] washing his own plate. The inhuman behaviour towards him shown by the hospital and prison authorities is a gross violation of human rights. After many oral and written efforts, we could not yet provide him with Qur’an, Hadith, Qur’an Translation and Tafsir (commentary) for the last 17 days that could keep him going in his solitary life. In spite of trying for two weeks, no barber was arranged for him. After the specialist’s recommendation and many oral and written applications, he was allowed some additional foods on Thursday. He is not getting the types of food he needs. There have been around 10-12 applications to the hospital and prison authorities most of which have not even been replied. The way both the authorities are trying to avoid our family is hurtful and extremely discourteous. “

“The incident that caused us the greatest concern is that he was about to fall down in the bathroom due to weakness while having a shower on Wednesday. In that condition, he somehow sat down on the bathroom floor. Then he tried for half an hour to get up with his knees on the floor and hands on the commode and basin, but failed to get up. Finally, he called a security guard who helped him get up, but injured his knees in the process. It was, in his language, ‘One of the most difficult days of my life’. Overall, we are very concerned about his life. The indifferent attitude, behaviour and neglect of the authorities are very inhuman. We want an immediate solution to his problems.”

Human Rights Watch published its World Report recently, and also posted an article on its website entitled Bangladesh: Tightened Control and Broken Promises. This documents human rights abuses in Bangladesh under the aegis of the Awami League government, including a rise in extrajudicial killings, disappearances, harassment of human rights organisations, and torture.

They also criticised the International Crimes Tribunal, saying:

Charges have been filed against seven people accused of war crimes during the 1971 war for independence. The first trial under the tribunal began in September against Delawar Hossein Sayedee. Some important amendments were made in June to the International Crimes Tribunal (ICT) Rules of Procedure, which included ensuring the right to a presumption of innocence, the right to a fair and public trial, the right against double jeopardy, and the right to counsel of the accused’s choice.

However, these amendments did not address other important shortcomings in the rules, such as the denial of interlocutory appeals, the need to establish a defense office, and the need to repeal article 47(A) of the constitution, which denies fundamental rights under the constitution to individuals accused under the ICT Act. The provision even bars claims that article 47(A) is unconstitutional.

The proceedings in Sayedee’s case raise serious concerns about the impartiality of the bench and the rights of the accused to a fair trial, Human Rights Watch said. The accused has been denied access to foreign counsel of his choice, and the defense teams contend that defense witnesses and investigators have been harassed.

“Bangladesh promised to meet international standards in these landmark trials, but it still has a long way to go to meet this commitment,” Adams said. “Bangladesh could have set the standard for other nations that have suffered from unspeakable abuses, but problems with the law and the conduct of the first trial are throwing away this opportunity.”

Today, Abdullahil Amaan Azmi (ex-Brigadier General in Bangladeshi Army) held a press conference in which he responded to false media reports that he and his younger brother Numan had been involved in the alleged attempted coup against the Awami League government. He stated the following clearly:

That he had no involvement in the alleged coup and would not support any such action

He had served the Bangladeshi Army for 30 years with “sincerity, honesty and discipline”

No one in the family had any links with anyone named as being involved in the coup

Those involved in such actions should be punished

That his brother, Numan Azmi, lives in the UK and had never been to Pakistan or Malaysia as suggested in the media and also had no knowledge of or involvement in the coup

The media reports are aimed at tarnishing the family’s image after Ghulam Azam’s arrest

His statement was reported widely in the Bangladeshi media. See articles on BDNews24 or The Daily Star for further details on his statement. An English translation will be available shortly on this site.

We strongly condemn this harassment of Ghulam Azam’s family who have been unfairly targeted as a result of his political activities. It also illustrates the lack of consideration of the truth in reporting by some media outlets in Bangladesh.

Statement by the International Union of Muslim Scholars in Response to the Arrest of Professor Ghulam Azam and Other Thinkers and the Erosion of Civil Liberties by the Bangladeshi Government

The International Union of Muslim Scholars condemns the arrest of Professor Ghulam Azam and other thinkers by the Bangladeshi government, and urges the government to speed up the release of all political prisoners and to respect civil liberties. The International Union of Muslim scholars appeals to the Muslim world, and international organizations to pressure the Bangladeshi government to cease these oppressive practices.

Praise be to God, prayers and peace upon the Messenger of Allah, his family, companions and allies.

The International Union of Muslim Scholars is following closely and with deep concern the events and the latest developments in the Republic of Bangladesh regarding violations of human rights under the current government and the use of threats, retribution and imprisonment in order to suppress freedoms. Many people have been imprisoned due to their opinions and disagreement with the current government, including even his excellence the great Sheikh Professor Ghulam Azam, the former leader of the Jamaat-i-Islami party, and a most prominent Islamic personality respected by millions across the global Muslim community.

The International Union of Muslim Scholars, in their denunciation of these arrests, states the following:

First: That the arrest of the revered Sheikh, who is soon to reach 90 years of age and who has dedicated his life to the service of the Islamic cause and called on all Muslims to comply with the tolerant teachings of Islam based on moderation and centrism, is disgraceful, and has shaken the reputation of a fellow Islamic state throughout the world.

Second: That the charge of Professor Ghulam Azam and his fellow scholars and Islamic activists of committing war crimes more than forty years ago is irrational and cannot be accepted by Muslims around the world. If there were war crimes, as is claimed, where has the national judiciary been throughout this long period, and why did they not accuse them of these crimes when they were allies of the ruling party? If they actually were war criminals, how could they have been elected by the people Bangladesh with millions of votes to become members of Parliament and become ministers in the government? If the issue is the political opposition of these leaders in 1971 to the separation of East Pakistan from West Pakistan, especially in light of clear external intervention, it should be understood that this is a right for them guaranteed by all legislations, constitutions and international laws. It is natural for a citizen who is loyal to his homeland to not desire anything save the unity of his country and to see the preservation of this unity as a national and religious duty.

Third: The Union calls on the Bangladeshi government to release Professor Ghulam Azam and the other political leaders immediately, so that these arrests do not lead to the deepening of political differences and to the expansion of intractable social conflicts in a fellow Islamic country, for which we wish growth and prosperity. We wish that all efforts and resources in Bangladesh be spent towards construction and the overall national development.

Fourth: The Union reminds the government of Bangladesh that the era of injustice and the restriction of people’s liberties is over. We have seen a number of Arab peoples who have liberated themselves from fear and expelled the oppressive tyrants and established a new democratic era which guarantees people freedom, justice and equality, and which frees nations from chains and shackles. The Bangladeshi government should act accordingly; it should make every effort to unite the resources of the people of Bangladesh to achieve comprehensive development of this country.

Fifth: We warn the Bangladeshi government that these ill practices will have an adverse effect on the Bangladeshi government and people, and that they are doomed to failure. The fate of the oppressors and tyrants is death and destruction, as God the Most Exalted says: “Those who oppressed within the lands, and increased therein the corruption, your Lord poured on them the disaster of His punishment. Indeed, your Lord is ever watchful.” (89:11-14)

Sixth: We remind the government of Bangladesh that land of Bangladesh was part of India major before it broke from India in the form of the Islamic Republic of Pakistan, composed of East and West Pakistan. It then separated from Pakistan and formed its own state. However, this state remains a part of the original Islamic state, of which Islam was the essence and the foundation of its mission. It ought not to be fighting Allah and those who call to Him, and should not exile His people, and bring closer His opponents. This is what exposes the country to danger, for there is nothing to support this country except Islam, and no helper for its people except Islam.

“God always prevails in whatever is His purpose, but most people know it not.” (12:21) And He is the one whose aid we seek.
Doha,Qatar
Safar, 24, 1432 AH
2012/01/18Dr.Yusuf al-Qaradawi Dr. Ali al-Qaradaghi

A researcher from Ghulam Azam’s legal team was arrested today while photocopying documents for the case. According to BDNews24, the researcher was photocopying a document when a call was received by the New Market police station, purporting to be from the tribunal, asking them to detain the man. They also seized the documents which were being photocopied and refused to release them until the International Crimes Tribunal directed them to do so.

The tribunal’s chairperson stated that the documents were confidential and needed to be kept secret. Judge Zaheer Ahmed denied knowledge of the phone call but refused to investigate further, saying “We will not go into that. It could have been a secret informant”. The judge also stated that court documents should not be taken to a public place for photocopying. However, the number of pages (in total over 25,000) made it impractical for the defence team to do otherwise. They were advised that, although this rule was not in place previously, they would need to apply for permission to photocopy documents in future.

The international community has started to take note of the so-called International Crimes Tribunal and have raised questions about its legality and authority.

During a roundtable discussion at CIRDAP auditorium yesterday, professor of Law at the University of California, Berkeley, Laurel E Fletcher, stated that “such trials run the risk of turning into political show trials, where laws are bent to produce predetermined results.” During this same discussion, it was claimed that criticising the trial was effectively, by extension, questioning “the very sovereignty of the country” – a ludicrous statement aimed at silencing opposition to the trial within Bangladesh.

The Manchester Evening News published an article about the family’s concerns that Ghulam Azam will not receive a fair trial in Bangladesh.

A Toronto-based human rights group, Bangladesh Watch, has criticised the actions of the Bangladesh government and condemned them as being politically motivated. It has called for an end to the harassment of political opponents of the Awami League government.

Pakistan Today, a prominent daily newspaper, published an article yesterday condemning the arrest of Ghulam Azam, saying “Keeping Prof Azam’s clean political and social life in view and analysing his contribution to the prosperity and development of Bangladesh, it is needed that such a respectable and seasoned politician should be released.”

It has also emerged that the UN Commission on Human Rights had written to the Bangladeshi government for an explanation of the legal basis of the arrest and detention of six opposition leaders [from BNP and Jamaat-e-Islami]. Bangladesh have yet to respond to this demand.